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VIC Hyundai Engine Blew Up Under New Car Warranty

Discussion in 'Australian Consumer Law Forum' started by suburban, 10 June 2016.

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  1. suburban

    suburban Member

    10 June 2016
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    I own a car ( Hyundai) which is 3.5 years into its 5 years new car warranty in Victoria. I have service the car with the same Hyundai dealer at every service interval without fail.

    Since the start of this year, the car has produced misfiring and tapping/clicking sounds from the engine bay. This is observed after about 20 mins of drive time, when changing 2nd gear to 3rd gear, and under load, revving from 2000 rpm to 3500 rpm (at 60 km/h).

    In January, I took the car in for inspection and nothing could be found wrong with it Again later in January I took the car in for inspection as I had the engine warning light on and the symptoms noted above persisting - and my spark plug had cracked in cylinder 1.

    The plug was replaced and on my trip home from the dealer, the plug cracked again and the symptoms noted above persisted and was taken straight back the next day - where it was also found that my turbo had a fault and it was replaced in full, additionally stronger rated spark plugs were installed and knock sensors were replaced.

    It took all of February before my car was returned.

    On my first drive after this repair, the symptoms described above persisted and the dealer notified. It was harder to create the symptoms, however they were there. With verbal agreement from the dealer I continued to drive the car, monitoring the symptoms. By the end of April, the symptoms worsened and I arranged to take the car in for another investigation.

    However the weekend before taking the car in, my engine exploded - popped a rod out the case, sent a flame ball out of my engine bay and dumped its oil on the road. I found a piston head under the car once the fire went out.

    Hyundai replaced the engine and fixed the fire damage, returning the car to me six weeks later. On my first trip home, I detected the symptoms described above yet again. I am due to take the car back to the dealer for a test drive this week, in the mean time I cannot rev the car past 3000 rpm for fear of blowing another engine.

    I'd like to know if I can get the car replaced with a new one given the catastrophic failure of the engine blowing up. Not to mention, at the moment I cannot drive the car past 3000 rpm - making the car seem not fit for purpose

    Hyundai keep claiming that the issue will be resolved, but have also said to me that the technical department have no idea how to fix this.

    So must I continue to blow engines up as their guinea pig? This is just not fair at all. Heaven forbid my 2-year-old daughter or wife be in the car when the next engine goes. And heaven forbid any shards of metal hit my occupants / cars around me / people on the footpath if this happens again.

    Any help is much appreciated.
  2. Mackaygirl33

    Mackaygirl33 Active Member

    9 June 2016
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    Make a complaint in writing with your desired outcome, ie replacement. If you go to the ACCC website they have templates available.
    Tim W and suburban like this.
  3. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Yes check out this article on your rights under Australian Consumer Law. Lemon Car? What You Can Do Under Australian Consumer Law - Legal Blog -

    The dealer is required to supply a vehicle of acceptable quality and durability and may have breached these warranties requiring them to repair your vehicle properly or compensate you for the loss. In any event they must honour the 5 year warranty.

    I would write to them demanding a better resolution to your problems as suggested above.
    Tim W likes this.

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